A victim’s right to be free from harassment, intimidation and abuse throughout the criminal trial process.

A victim’s right to notice and to a hearing before a court ruling on access to any of the victim’s records, information or communications.

A victim’s right to be heard at any post-arraignment court proceeding in which a victim’s right is at issue and at any court proceeding involving a post-arraignment release decision, plea or sentencing.

A consideration of the safety of the victim and their family in determining bail and conditions of release after arrest and conviction of the defendant.

That the accused does not have standing to assert the rights of a victim.

In order to be ratified, this measure had to be approved by either three-fifths of those voting on the question or by a majority of people voting in the election, whichever is less.[2]

Election results

Below are the official, certified election results:

Illinois Crime Victims' Bill of Rights Amendment

Result

Votes

Percentage

aYes

2,653,475

72.36%

No

728,991

19.86%

Due to Illinois' approval requirements, the amount of total votes in the overall election was used to calculate the percent of "yes" and "no" votes, since this number was less than the percentage of people who voted on this question. This may result in the percents for the "yes" and "no" votes adding up to less than 100 percent.
Election results via: Illinois State Board of Elections

Text of the measure

Ballot title

The proposed amendment makes changes to Section 8.1 of Article I of the Illinois constitution, the Crime Victims’ Bill of Rights. The proposed amendment would expand certain rights already granted to crime victims in Illinois, and give crime victims the ability to enforce their rights in a court of law. You are asked to decide whether the proposed amendment should become part of the Illinois Constitution.

(a) Crime victims, as defined by law, shall have the following rights as provided by law:

(1) The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal justice process.

(2) The right to notice and to a hearing before a court ruling on a request for access to any of the victim’s records, information, or communications which are privileged or confidential by law.

(3) (2) The right to timely notification of all court proceedings.

(4) (3) The right to communicate with the prosecution.

(5) (4) The right to be heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencingmake a statement to the court at sentencing.

(6) (5) The right to be notified ofinformation about the conviction, the sentence, the imprisonment, and the release of the accused.

(7) (6) The right to timely disposition of the case following the arrest of the accused.

(8) (7) The right to be reasonably protected from the accused throughout the criminal justice process.

(9) The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction.

(10)(8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.

(11)(9) The right to have present at all court proceedings, subject to the rules of evidence, an advocate andor other support person of the victim's choice.

(12)(10) The right to restitution.

(b) The victim has standing to assert the rights enumerated in subsection (a) in any court exercising jurisdiction over the case. The court shall promptly rule on a victim's request. The victim does not have party status. The accused does not have standing to assert the rights of a victim. The court shall not appoint an attorney for the victim under this Section. Nothing in this Section shall be construed to alter the powers, duties, and responsibilities of the prosecuting attorneyThe General Assembly may provide by law for the enforcement of this Section.

(c) The General Assembly may provide for an assessment against convicted defendants to pay for crime victims' rights.

(d) Nothing in this Section or any law enacted under this Section creates a cause of action in equity or at law for compensation, attorney's fees, or damages against the State, a political subdivision of the State, an officer, employee, or agent of the State or of any political subdivision of theState, or an officer or employee of the court. or in any law enacted under

(e) Nothing in this Section or any law enacted under this Section shall be construed as creating (1) a basis for vacating a conviction or (2) a ground for any relief requested by the defendantappellate relief in any criminal case.

Support

Supporters

Officials

The following elected officials sponsored the amendment in the legislature:[5]